TOWN OF GRANBY ZONING BOARD OF APPEALS
Meeting Minutes
July 24, 2018
AGENDA: Fatcheric Public Hearing
Regular Meeting
MEMBERS: Michael French, Chairman
Peter LeoGrande
Patricia Simmons
Tom Thompson - absent
Tina Sawyer
ALSO PRESENT: John Fatcheric.
Chairman
French opened the meeting at 7:00 pm.
* * * * * * * * * * * * *
PUBLIC
HEARING
Area
& Use Variance Requests
John & Marie Fatcheric –3
Terry Lane, Fulton
Tax Map #302.00-01-06
Chairman
French reconvened the Public Hearing that had been tabled on July 17, 2018 at
7:01 pm. The applicants are requesting 3
separate variances that are substantial for relief of the following
regulations:
Section
VI, Subsection C – Non-Conforming Buildings and Uses – Restoration;
Section
XI - Definition of a Lot;
Section
III – Use Chart – Manufactured Homes in the R-1 Zoning district.
Chairman
French explained that he had visited Code Enforcement and the assessor records
reflect three separate dwellings on a single property, therefore the
subdivision survey map that the Fatcheric’s commissioned in 2014 was never
filed with the County Clerk’s office. Two of the dwellings are pre-existing in an
R-1 zoning district, which is highly regulated for use in order to build,
protect and retain the value in the housing stock which in turn increases the
base value of the Town. The Zoning
Ordinance deals with pre-existing buildings and uses within Section VI: Non
Conformities; whereas provisions for rebuilding in the event of loss and
occupying the same footprint are allowed, total replacement is not allowed and
once a structure is removed it may not be replaced unless it conforms to the
current district and dimensional regulations.
The third issue deals with utilizing a single wide in a district that
requires a minimum of doublewides, which the applicant’s were aware of when
they purchased their doublewide in 2014 and attempted to subdivide the
parcel. The Board members were in
agreement that the requests were all substantial and that maybe if only one
existed they could consider some relief but the property design is too small as
it is developed. Chairman French urged
the applicant’s to re-file their subdivision request to alleviate future issues
and attempt compliance with the Zoning Ordinance. He also stated that the applicants were
within their rights to rebuild the damaged structure by working with the Codes
office to document what is damaged and what needs replacing. Without
any further comment from the public or Board members, Chairman French closed
the Hearing at 7:11 pm.
* * * * * * * * * * * * *
REGULAR
MEETING
John & Marie Fatcheric –
The
Regular Meeting was opened at 7:04 pm.
Without any further discussion
from the Board Members a motion was
moved by Member Simmons and seconded by Member Sawyer to approve the three requested
variances to allow the replacement of a manufactured home on property located
at 3 Terry Lane, Fulton, NY 13069 Tax Map #302.00-01-06 is hereby DENIED.
A roll call vote was taken:
Michael French, Chairman Naye
Peter LeoGrande, Member Naye
Patricia Simmons, Member Naye
Tom Thompson, Member Absent
Tina Sawyer, Member Naye
0 AYES 4 NAYES 0 ABSTENTIONS – Resolution
2018-02 - DENIED.
MINUTES
A motion was moved by Member LeoGrande to approve the meeting minute’s for June
12, 2018. The motion was seconded by
Member Sawyer, all were in favor without further discussion and the motion carried.
ADJOURN
With
no other business before the Board a motion
to adjourn at 7:14 pm was moved by
Member Simmons and seconded by Member Sawyer, all were in favor and the motion carried.
Respectfully
submitted by:
Lisa
Somers
ZBA
secretary
